Court of Appeal for Ontario
Date: January 24, 2017 Docket: C62417
Judges: Doherty, Weiler and Roberts JJ.A.
Parties
Between
Henia Gefen in her Personal Capacity and as Estate Trustee of the Estate of Elias Gefen Plaintiff (Appellant)
and
Arie Gaertner, Miller, Canfield, Paddock and Stone LLP, the Jewish Home for the Aged, Baycrest Hospital, Baycrest Centre for Geriatric Care, Yehuda Gefen and Harry Gefen Defendants
and
Ronald Rutman, Estate Trustee during Litigation for the Estate of Elias Gefen, Deceased Respondent
Counsel
Ronald Moldaver Q.C., for the appellant
Jordan D. Oelbaum and Robin M. Spurr, for the respondent
Tanisha Tulloch, for non-party Nestor Wolicki
Heard: January 23, 2017
On appeal from the order of Justice Conway of the Superior Court of Justice, dated June 17, 2016.
Appeal Book Endorsement
[1]
Analysis
There was no objection to the order now under appeal by the parties who attended on the motion. The appellant, although properly served, did not attend before Conway J.
2There are ongoing proceedings before the Superior Court in respect of the production of the materials referred to in the Newbould and Conway orders.
3The respondents agree that it is open to Conway J. to make any order she deems appropriate in respect of privilege. To the extent that para. 3 of her order appears to determine any of those issues, Conway J. can vary that order if appropriate.
4In our view, these issues are best litigated before Conway J. in the context of the ongoing proceeding. She is in a much better position than this court to tailor an order to the specific circumstances and issues relating to the production orders and the protection of any privileges found to exist.
[5]
Disposition
The appeal is dismissed.
[6]
Costs
The respondent, Rutman, as estate trustee during litigation, is entitled to costs in the amount of $7,500"all in". The respondent, Wolicki, is entitled to costs in the amount of $1,000"all in".